Is it illegal to obtain security surveillance footage without permission?

If the content of the video is not his own, the individual citizen cannot access it. If the person or unit in possession of the surveillance video agrees to the access of others, it is suspected of infringing on citizens' personal information, and citizens are also suspected of committing the crime of infringing on citizens' personal information if they leak content after retrieving it. The surveillance video in the public area is managed by the public utilities department, not the content of the public, and the individual has no right to access it at will, if it is a monitoring facility set up by the public security organ.

Legal analysis

If the content of the video is not his own, the individual citizen cannot access it. If the person or unit in possession of the surveillance video agrees to the access of others, it is suspected of infringing on citizens' personal information, and citizens are also suspected of committing the crime of infringing on citizens' personal information if they leak content after retrieving it. The surveillance video in the public area is managed by the ** or the public utilities department, not the content of the ** public, the individual has no right to access it at will If it is a monitoring facility set up by the public security organs, then it should be retrieved from the local 110 command center, and the individual cannot ask for it, and the application should be submitted to the relevant departments.

However, according to the relevant laws and regulations, the people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court deems necessary for the trial of the case. Parties and their ** persons applying to the people's court to investigate and collect evidence shall submit a written application. The written application shall clearly indicate basic information such as the name or unit name and domicile of the person being investigated, the content of the evidence to be investigated and collected, the reasons why the people's court needs to investigate and collect evidence, and the facts to be proved.

Therefore, if an individual needs it due to litigation or other cases, he or she can hire a lawyer to apply to the court for an investigation order or apply to the court for collection.

Legal basis

Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings》 Article 17: Where any of the following conditions are met, the parties and their litigants may apply to the people's court to investigate and collect evidence:

1) The evidence collected in the application for investigation is archival materials kept by the relevant state departments and must be collected by the people's courts ex officio.

2) Materials involving state secrets, commercial secrets, or personal privacy.

3) Other materials that the parties and their litigants are truly unable to collect on their own for objective reasons.

It is illegal to obtain public security surveillance footage without permission, and it is illegal for anyone other than the public security organ to obtain it without the authorization of the public security and judicial departments.

It should be treated according to the situation: if the monitoring of one's own house is not illegal or criminal, this belongs to the punishment of one's own rights; However, if it is to obtain and view the surveillance video of others or public areas without permission, it may be suspected of violating the law, and if it is processed and sold, it is suspected of a crime.

Videos recording the portraits or private information of others contain the privacy of others, and if they are accessed and viewed without the consent of others, it violates the privacy rights of others, according to Article 111 of the Civil Code, "citizens' personal information is protected by law." Where any organization or individual needs to obtain the personal information of others, it shall obtain it in accordance with law and ensure the security of the information, and must not illegally collect, use, process, or transmit the personal information of others, and must not illegally buy, sell, provide, or disclose the personal information of others."

Even if it is necessary for the public interest, access to and viewing of surveillance footage must be in accordance with the legal procedures and provide corresponding procedures, otherwise it is illegal to use the relevant functional departments.

Nowadays, there are many units or individuals who install surveillance videos, and it is normal for monitoring managers to view them. As for the judicial organs' monitoring and private inspection, it is a violation of the provisions, but it does not involve the modification of the monitoring content, and it cannot constitute an illegal act. As for those involved in secrets, it should be treated differently.

Legal Analysis: Illegal. If the content of the video is not his own, the individual citizen cannot access it.

If the person or unit in possession of the surveillance video agrees to the access of others, it is suspected of infringing on citizens' personal information, and citizens are also suspected of committing the crime of infringing on citizens' personal information if they leak content after retrieving it. The surveillance footage in the public area is managed by ** or the public utility department, and is not the content of ** public, and individuals do not have the right to access it at will.

Legal basis: Article 1033 of the Civil Code of the People's Republic of China Except as otherwise provided by law or with the explicit consent of the rights holder, no organization or individual may carry out the following acts: (1) Disturbing the tranquility of others' private lives by means such as **, text messages, instant messengers, e-mails, leaflets, etc.; (2) Entering, photographing, or peeping into other people's residences, hotel rooms, or other private spaces; (3) Photographing, peeping, eavesdropping, or disclosing the private activities of others; (4) Photographing or peeping into the intimate parts of others' bodies; (5) Handling the private information of others; (6) Infringing on the privacy rights of others in other ways.

Legal analysis: In order to solve the case, the public security bureau can obtain surveillance video for evidence collection. When the public security bureau collects surveillance footage, it needs to issue the following documents before it can collect evidence.

1. A letter of introduction from the public security department 2, a notice of evidence collection 3, and a people's police card.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 64: "Evidence that a people's court finds necessary for the trial of a case" refers to the following situations: (1) involving facts that can be judged to be harmful to the national interest, the societal public interest, or the lawful rights and interests of others, and (2) involving procedural matters unrelated to the substantive dispute such as adding parties ex officio, suspending litigation, terminating litigation, and recusal.

Legal analysis: If the content of the video is not his/her own, the individual citizen cannot access it. If the person or unit in possession of the surveillance video agrees to the access of others, it is suspected of infringing on citizens' personal information, and citizens are also suspected of committing the crime of infringing on citizens' personal information if they leak content after retrieving it.

The surveillance video in the public area is managed by the ** or the public utilities department, not the content of the ** public, the individual has no right to access it at will If it is a monitoring facility set up by the public security organs, then it should be retrieved from the local 110 command center, and the individual cannot ask them to provide, and the application should be submitted to the relevant departments.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 64: "Evidence that a people's court finds necessary for the trial of a case" refers to the following situations: (1) involving facts that may harm the interests of the state, the public interest, or the lawful rights and interests of others, and (2) involving procedural matters unrelated to substantive disputes, such as adding parties ex officio, suspending litigation, terminating litigation, and recusal.

Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings》 Article 17: Where any of the following conditions are met, the parties and their litigants may apply to the people's court to investigate and collect evidence: (1) The evidence applied for investigation and collection is archival materials kept by the relevant state departments and must be collected by the people's court ex officio, (2) Materials involving state secrets, commercial secrets, or personal privacy, and (3) other materials that the parties and their litigants are truly unable to collect on their own for objective reasons.

In the course of administrative law enforcement and case handling, public security organs have the right to collect surveillance video from relevant units and individuals to collect evidence. This is also to maintain public security and public order in the Shrine of the Gods, and every citizen who knows the circumstances of the case also has the obligation to testify. Where it involves the state's loss of commercial secrets or personal privacy, the public security organs shall keep it confidential to the outside world.